OFAC FAQ (Current) FAQ # 719 - Cuba-related: Travel

Date issued: Sep. 23 2020

TURBOFAC Commentary (215 words)

Notes:

1) 515.560(c)(2) is the authority for the in-Cuba purchases:

"Living expenses in Cuba. All transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there, are authorized."

There is no definition or guidance as to what constitutes "goods for personal consumption."

The importations are governed by 515.560(c)(3).

"The purchase or other acquisition in Cuba and importation as accompanied baggage into the United States of merchandise is authorized, provided that the merchandise is imported for personal use only. The importation of Cuban-origin information and informational materials is exempt from the prohibitions of this part, as described in §515.206. The importation of certain other specified goods and services is authorized in §§515.544, 515.547, 515.569, 515.578, 515.582, and 515.585."

2) See https://www.cbp.gov/trade/basic-import-export/cbp-public-notice-process-imports-cuba (Jan, 2019) on "personal use" limits. See FAQ # 717, clarifying that “OFAC considers ‘personal use’ of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.”

3) FAQ amended on 9-23-2020 to account for the removal of “Cuban-origin alcohol or tobacco products” from the scope of 515.569.